Employment Protection Research Articles

Legal Protection for Employees of Land Deed Officials in Submitting Applications for Transfer of Rights (Case Study of Cassation Decision 175/K/PDT/2021)

Legal Protection for Employees of Land Deed Officials in Submitting Applications for Transfer of Rights (Case Study of Cassation Decision 175/K/PDT/2021)

An inquiry into the drivers of an entrepreneurial economy: A Bayesian clustering approach

AbstractUnderstanding the worldwide drivers of qualified entrepreneurship is a key issue in economic policy design. To help policy decisions exert their intended impact, we aim to cluster a wide range of countries on the basis of their levels and trends in self-employment productivity using a finite mixture model applied to a new large dataset of 121 countries covering the period of 1991–2019. Our results point to three groups of high-, medium-, and low-productive means and tendencies, the geographical distribution of which suggests that they can be reinterpreted using the three stages of economic development, namely, innovation-, efficiency-, and factor-driven economies. Notably, we find that widespread digitalization and low unemployment enhance the probability of transitioning into a highly productive cluster. However, we failed to find that industry weight or employment protection legislation strictness serve as determinants in the transition between groups. Suggestive rationales for these results and implications for the entrepreneurship policy agenda are also provided.

Employment Protection and Venture Capital Investment: The Impact of Wrongful Discharge Laws

Wrongful discharge laws (WDLs) provide limits to the employment-at-will doctrine, and thus impair operating flexibility, increasing expected financial distress costs by making it costly to fire employees. This impairment is detrimental to start-ups, leading to a decline in venture capital (VC) investment. Using a difference-in-differences framework enabled by the staggered adoption of WDLs across the U.S. states, we show VC investment declines after a state adopts the good faith exception (the strongest form of WDL). This decline is most pronounced in sectors with high labor dependency. This paper was accepted by Victoria Ivashina, finance. Supplemental Material: The data files are available at https://doi.org/10.1287/mnsc.2023.01936 .

Directors with foreign experience and employee protection

AbstractThis study investigates the impact of managerial foreign experience on corporate employee protection. Using 30,644 firm‐year observations from 3972 Chinese listed firms from 2008 to 2020, I find that compared with firms without returnee directors, firms with returnee directors pay more social insurance premiums and implement better employee treatment policies. The positive relationship is stronger when returnee directors acquire foreign work experience (as opposed to educational experience), gain experience in countries with strong labor protection, serve as a CEO or a chairperson in the Chinese firm, and have high media visibility. The cross‐sectional analysis shows the effect of directors with foreign experience on employee protection is greater in non‐state‐owned firms, and returnee directors improve employee protections more when the employees have relatively weak discourse power. Additional analysis finds that returnee directors improve employee training and occupational safety, and they help balance social insurance generosity and employment levels. The results are robust after addressing the potential endogeneity problems. My results suggest a potential way to transfer better labor protection practices from developed to emerging markets.

Cross-border telework and the applicable labour law: The role of different connecting factors in determining objectively applicable law

In the case of cross-border employment, the applicable law is determined mainly according to habitual place of work. If this factor cannot be clarified, the engaging place of business of the employer determines the applicable law. Both factors can be set aside if the relationship is more closely connected to some other country. Telework is performed outside the employers’ premises, and the determination of the exact workplace can be difficult. This again complicates the determination of the applicable law in cross-border cases. This article analyses how, in the case of cross-border telework, the applicable law should be determined. It is argued that the exact system depends on the type of telework. If telework is performed in one country abroad, the habitual place of work determines the applicable law. If teleworker has at least two offices or manages his own working time, the second connecting factor applies. As the determination of the applicable law according to the engaging place of business is not considered to be sufficiently employee-protective, escape clause should be emphasised in the second case to guarantee the best employment protection to the employee.

Slovakia's departure from strong labor protection of employees as a consequence of the pandemic and the transposition of european directives

This scientific paper delves into the notable shift in Slovak labor law, which has departed from its historically strong emphasis on safeguarding the rights of employees, traditionally seen as the weaker party in labor relations. Until recently, this emphasis served as a substantial barrier against the globalizing and standardizing influences of employers. The paper identifies two key factors driving recent legislative "reforms" in Slovakia's labor regulation. These changes are rooted in the transposition of European labor law directives while also embracing a more liberal political perspective regarding the nature of labor relations. This shift involves moving away from rigid employee protection and adopting the concept of "increased flexibility" in employee work as a remedy for addressing the post-Covid-19 economic challenges. The previous emphasis on employee or employee representative involvement in defining working conditions, wages, and important employer decisions regarding work organization has shifted. This shift allows employers to act unilaterally, contingent on fulfilling new information obligations towards employees. However, the recent labor law reforms run counter to this historical legal tradition. Taking into account the wage levels in the Slovak Republic compared to the majority of other European Union member states, these reforms establish an unsettling level of labor law protection pro futuro of Slovak employees.

Expectations for Paternity Leave Among Male Partners in the Postpartum Setting: A Cross-Sectional Survey at a Public Hospital in Los Angeles, California (2023) [ID 2683493

INTRODUCTION: Early paternal involvement in childcare benefits both birthing mothers and their children. Unfortunately, paid paternity leave is neither mandated nor protected at the state and federal levels, leading to wide variations in early paternal involvement. METHODS: As a part of this IRB-approved study, we conducted interviewer-facilitated surveys with English- and Spanish-speaking male partners encountered in the postpartum ward at Los Angeles General Medical Center. The survey queried general sociodemographic factors, employment status, and access to, as well as, planned utilization of paternity leave (both paid and unpaid). We conducted bivariate analyses and multivariable logistic regressions to identify factors linked to fathers not taking paternity leave. RESULTS: Most respondents (N=100) identified as Hispanic or Latinx (76.0%), reported English as their primary language (58.0%), and had an average age of 30.6 years. Ninety-three respondents reported being employed; more than half either reported that their workplace did not have a paternity leave policy (39.1%) or being unsure of their workplace’s policy (17.4%). Only 15.2% reported anticipating paternity leave with full pay. Respondents who knew their workplace policies planned to take no more than 3 weeks of leave on average. Respondents had greater odds of not taking paternity leave if non-English speaking (adjusted odds ratio [aOR] 2.39; 95% CI, 0.93–6.16), uninsured (aOR 5.01; 95% CI, 1.26–20.35), or publicly insured (aOR 2.86; 95% CI, 0.95–8.65). CONCLUSION: Male partners in our primarily Hispanic, publicly insured patient population anticipated taking minimal paternity leave, raising questions regarding the role of employee protections or the lack thereof in the face of socioeconomic pressures and cultural differences.

The impact of digital platforms on traditional market structures

The object of the research is the transformative impact of digital platforms on traditional market structures. Qualitative research is used to gain a deep understanding of how traditional market structures are impacted by digital platforms. Interviews with eight participants highlight the shift towards gig and freelance work, the erosion of traditional employment protections, and the emergence of new business models facilitated by technological advancements. The study adopted thematic analysis to analyze the collected data. The study reveals that digital platforms have significantly lowered barriers to market entry and fostered economic inclusion. As a result, the initial costs of starting a business have significantly decreased. However, they have also introduced complexities surrounding labor rights and necessitated a re-evaluation of regulatory frameworks to address monopolistic practices and ensure fair competition. This is due to the lack of labor regulations protection for freelance workers compared to traditional employment. The study stresses the need for agile, forward-looking, and internationally coordinated regulatory approaches to effectively govern digital platforms, balancing innovation with the protection of consumer and worker rights. Such an approach should aim to address the current challenges but also anticipate future developments by ensuring that regulations evolve in tandem with technological advancements without stifling innovation. Furthermore, fostering technological literacy among lawmakers, adopting adaptive regulatory frameworks, and ensuring the inclusion of diverse perspectives are crucial steps towards achieving effective governance of digital technologies. The findings contribute to the ongoing dialogue on digital governance, offering insights for policymakers, regulators, and stakeholders in crafting regulations that harness the benefits of digital platforms while mitigating their negative impacts on society.

Employment discrimination and labor market protections for sexual minorities in Brazil

This study estimates the impacts of an employment non-discrimination act (ENDA) for sexual minorities in Brazil. We contribute new evidence on ENDA impacts for sexual minorities in a distinct context from the current literature. Additionally, this is one of few studies to document labor market gaps by sexual orientation in Latin America. In this paper, we first present evidence of labor market gaps in employment, formal sector employment, hours worked, income and hourly earnings for lesbian and gay individuals in Brazil. For the same groups, we then estimate the impact of Brazilian legislation forbidding employment discrimination based on sexual orientation on these same labor market outcomes. Regarding initial pre-policy labor market gaps, conditioning on individual and work-related controls, we see that lesbian women experience wage premiums compared to straight women, while gay men experience wage penalties compared to straight men. We then estimate robust evidence that the implementation of employment protections increased income for gay men. For lesbian women, we estimate evidence of post-policy reductions in employment, but higher income and hourly earnings for those still working. Focusing on a Latin American country, we find many impacts consistent with the more recent existing evidence on ENDAs for sexual minorities.

Why did peri-pandemic suicide death rates decrease among non-Hispanic white people while increasing among most people of color?

While suicides in the United States decreased during the COVID-19 pandemic, statistically significant decreases have been limited to White people throughout a large portion of 2020. This paper outlines possible explanations for racial/ethnic differences in suicidality in the early pandemic phases. We propose both distal (i.e., tele-mental health usage, internet and technology access, employment protections, and economic security) and proximal (cultural beliefs, coping strategies, clustering, pulling together, and embracing life) factors that may have helped build and foster community and mental wellness. However, this paper argues these factors did not extend, or did not extend as much, to many communities of color. We argue that these disparities are due to the myriad effects of discrimination and systemic racism, encapsulated broadly by the minority stress theory, and provide suggestions for relief and research.

Labour market reforms, institutional complementarity and the insider–outsider wage gap

Abstract This article provides long-term evidence on how wage differentials between permanent and temporary workers are shaped by institutions that play a key role in labour market dualism, i.e. industrial relations, employment protection legislation and unemployment benefits. A two-step multilevel approach with fixed effects is employed using EU-SILC data for 25 European countries spanning up to 17 years (waves 2004–2020, N = 397) to estimate the moderating effects of several institutions and their interactions on the wage gap by contract type and across the whole wage distribution. The results show that more insider-oriented institutions tend to widen wage differentials and that the impact of institutional reforms on the wage gap varies greatly with the given institutional context. Overall, policy trends towards flexibilization risk widening insider–outsider divides due to accumulating labour market risks for temporary workers, thus increasing labour market segmentation by contract type.

Public attitudes towards government’s role in unemployment provision in three East Asian countries

ABSTRACT Public support for unemployment provision is essential to provide political legitimacy for welfare policy arrangements and yet it is understudied in East Asian welfare states. In contrast with the proposed unfavourable attitudes towards welfare among East Asian countries from the developmental/productivist perspectives, the study suggests socio-demographic and ideological differences in public attitudes towards the role of government in unemployment provision within and across Japan, (South) Korea, and Taiwan, which differ in welfare production regime and extent of labour market dualization. Data from the 2016 Role of Government V survey of the International Social Survey Programme (ISSP) was analysed. Findings revealed lower levels of public support for unemployment provision in large firm-oriented welfare production regimes like Japan and Korea, though in which labour market outsiders such as women, younger people, and unemployed workers were more supportive than their counterparts. Despite cross-national attitudinal differences, higher levels of support were consistently found in the lowest-income groups across three East Asian countries. The study provides new evidence of diverse patterns of welfare attitudes regarding unemployment provision in the East Asian welfare regimes. It also presents the need of (un)employment protection among labour market outsiders and low-income groups within these countries.

Codification of European Private International Law!

Codification of European Private International Law!

Protection of shop stewards in transfers of undertakings: Danish supreme court ruling of 30 january 2024: Transfer of undertakings directive article 6; Danish transfer of undertakings act section 4

A new ruling from the Danish Supreme Court gives perspective to Article 6 of Directive 2001/23/EC (ToU Directive). The ruling concerns the criteria for the continued function and protection of employee representatives under section 4(1) and (2) of the Danish ToU Act and Article 6(1) and (2) of the ToU Directive. At EU level, there is very little case law concerning Article 6 of the ToU Directive. One CJEU ruling was handed down in case C-151/09, in which the Court interpreted the concept of ‘autonomy’ in Article 6(1). The comment on the Danish Supreme Court ruling discusses the interpretation of the criteria for the continued function of shop stewards in a situation where the transferee is not covered by a collective agreement. The Eastern High Court assessment revolved around the lack of collective agreement as the basis for the function of the shop steward. The Supreme Court changed this, and instead reiterated that the criteria for the continued function of the shop steward is the preservation of the ‘autonomy’ or ‘independence’ of the transferred entity. The Danish ruling aligns with the wording of the EU Directive, but the Court did not interpret how to assess whether ‘the independence’ is preserved. In this regard, the CJEU ruling in C-151/09 is still the main source of interpretation. The Danish ruling continues to interpret the scope of the continued employment protection of the shop steward, in the situation where the function is not continued, as protected under Article 6(2) of the ToU Directive. The Supreme Court arrived at a solution whereby the employment protection continues for a period after the cessation of the functions as shop steward, which ceased at the date of transfer, until the end of the individual and extended notice period of the shop steward. Still, quite a number of questions on Article 6(1) and (2) concerning the function and protection of shop stewards in transfers of undertakings remain unanswered.

Factors that Promote and Protect Against Financial Toxicity after Orthopaedic Trauma: A Qualitative Study.

Financial toxicity is highly prevalent in patients after an orthopaedic injury. However, little is known regarding the conditions that promote and protect against this financial distress. Our objective was to understand the factors that cause and protect against financial toxicity after a lower extremity fracture. A qualitative study was conducted using semi-structured interviews with 20 patients 3 months after surgical treatment of a lower extremity fracture. The interviews were audio-recorded, transcribed verbatim, and analyzed using thematic analysis to identify themes and subthemes. Data saturation occurred after 15 interviews. The percentage of patients who described the identified themes are reported. A total of 20 patients (median age, 44 years [IQR, 38 to 58]; 60% male) participated in the study. The most common injury was a distal tibia fracture (n = 8; 40%). Eleven themes that promoted financial distress were identified, the most common being work effects (n = 14; 70%) and emotional health (n = 12; 60%). Over half (n = 11; 55%) of participants described financial toxicity arising from an inability to access social welfare programs. Seven themes that protected against financial distress were also identified, including insurance (n = 17; 85%) and support from friends and family (n = 17; 85%). Over half (n = 13; 65%) of the participants discussed the support they received from their healthcare team, which encompassed expectation setting and connections to financial aid and other services. Employment protection and workplace flexibility were additional protective themes. This qualitative study of orthopaedic trauma patients found work and emotional health-related factors to be primary drivers of financial toxicity after injury. Insurance and support from friends and family were the most frequently reported protective factors. Many participants described the pivotal role of the healthcare team in establishing recovery expectations and facilitating access to social welfare programs.

THEORETICAL AND METHODOLOGICAL BASES OF FORMATION OF THE CONCEPT OF ENSURING SOCIO-ECONOMIC SECURITY OF ENTERPRISES IN THE CONTEXT OF DIGITALISATION OF BUSINESS PROCESSES

It is established that the system of free enterprise in the form in which it is implemented does not ensure progressive changes and they do not occur. The authors believe that in order to ensure a high level of socio-economic security of Ukrainians, it is advisable to use methods, levers, information and legal support for socio-economic security based on the digitalisation of business processes at enterprises, organisations and institutions. The article substantiates the expediency of forming a structure and mechanism for ensuring socio-economic security, taking into account the determination of the values of the State, phenomena of public life and public consciousness, in order to solve the problems of ensuring the effective operation of enterprise through the use of digital innovative technologies. It proposes a structure of socio-economic security of enterprises in the context of digitalisation of business processes. In order to ensure the conditions for social protection of employees of enterprise, a mechanism for such protection is proposed, taking into account the economic component, which will largely depend on the introduction of digital technologies into the business processes of enterprise. The paper suggests the concept of digitalisation of business processes of enterprise with a view to forming and ensuring socio-economic security of enterprises in the context of digitalisation of business processes. It is proved that the digital society is a necessary progressive movement, which involves the intensive and productive use of digital technologies in all spheres of human life, the life of economic entities, regions and the State. The publication analyses the global volume of trade through e-commerce retail in 2016-2021 as a sign of the external environment of socio-economic security of enterprise. The emphasis is placed on the digital society as an external environment of socio-economic security of enterprise. It is determined that digital technologies have a significant impact on the socio-economic security of enterprises, as they allow increasing the profitability of production, reducing human labour costs, ensuring rhythmic operation at all stages of business processes, making it possible to implement the tasks set and achieve common economic, social and civic goals. It is determined that the digital economy covers not only the information and communication sector, but also all business sectors in all areas of economic activity, including the public and private sectors, non-financial and tertiary sectors, financial sector, extractive industry, manufacturing and services, agriculture and construction. The study analyses the system characteristics of functioning of the mechanisms for ensuring socio-economic security, taking into account the relationship between internal relations and the external environment. The article examines the assessment of digital quality of life according to the Digital Quality of Life Index 2023, and identifies factors and trends that affect such indicators. The factors influencing the socio-economic security of the 10 largest IT companies in Ukraine by the number of specialists as of July 2023 are identified. The prospects for the impact of digitalisation of business processes of enterprises on the socio-economic security of Ukraine are determined.

Analysis of regulative documents in the field of human vibration safety

A number of medical research has demonstrated the negative impacts of vibration on human health, therefore, the development of regulatory documents in the field of vibration is a topical issue for the protection of employees' health. The analysis of the cancelled regulatory documents in the Republic of Kazakhstan and are currently in force setting the maximum available levels of vibration characteristics has been carried out. The legislative frameworks governing the sanitary regulation of industrial vibration in a few nearby and distant nations were investigated. This document includes conclusions about Republic of Kazakhstan's current state of affairs on the hygienic regulations pertaining to human vibration safety are concluded and given.

Heterogeneity in the effects of uncertainty shocks on labor market dynamics and extensive vs. intensive margins of adjustment

The real option value theory posits that non-convex adjustment costs pertaining to a firm's input are central to comprehending the consequences of increased uncertainty. This paper leverages the diversity observed at both sectoral and country levels in the degree of irreversibility associated with hiring and firing, a critical factor generating what is commonly referred to as “wait-and-see” behavior in times of heightened uncertainty. Our empirical findings reveal two key insights. First, in alignment with the concept of second-moment shocks, uncertainty shocks predominantly influence the labor market through the extensive margin rather than the intensive margin. Second, the effects of uncertainty shocks exhibit pronounced heterogeneity across countries and industries, and the adverse employment effects (extensive margin) are amplified in a country with strict employment protection or in an industry characterized by a higher natural layoff rate, consistent with the real option theory.

HeinOnline’s Labor and Employment: The American Worker

HeinOnline offers a core digital library package that contains nearly 3,000 legal journals published in more than 60 different countries, including thousands of Australian, Canadian, and European legal materials and multiple international government publications. This vendor also has several other databases can be attached to this core collection, and “Labor and Employment: The American Worker” is one of them.It contains thousands of books, published from the early twentieth century to the present; hundreds of scholarly articles, ranging from 1904 to the present (with new articles added each month), on various topics, including labor contracts, collective bargaining, employment protections, and the history of the labor movement; and more than 10,000 subject-coded titles. Also available here are current reports on working conditions, legislative histories, Supreme Court case briefs, and a chart of landmark court cases in labor and employment (including the synopsis and full text of each case and an explanation of its significance in both jurisprudence and history), ranging between 1842 and 2018. When these and all the other categories of materials in this database are combined, it contains 10,984 titles, 14,659 volumes, and 5,244,894 pages.As with all databases that provide images of original documents, the readability of the materials here can vary, but thankfully none appear to be illegible. Navigating, rotating, enlarging, and reducing these documents can usually be done without difficulty. Database content can be browsed and/or searched for in numerous ways, all of which are understandable and which generally produce useful results. However, searches by title or description are often the least productive, while those in the full text are far more so. Pricing for this resource is vague, as it is determined by an institution’s location (i.e., in the United States or not), whether it has a law library, and other factors not specified by the vendor. Consortia discounts are also available. The content available here is impressive and will prove valuable to students and researchers of US labor history, especially those looking for case law, legislation, and other government publications on this topic. The licensing agreement for this database is too long, but is not unusual in its provisions, and should provide little cause for concern.

Some Reflections on the Regulatory Constraints to Labour Malpractices in Cameroon

The rapid drop in the standard of Fair Labour Practices in the private sector of Cameroon is so disturbing. Generally, the recognition of the basic right of each citizen such as the right to work and the security of employment is of paramount importance to a worker because work brings wages by which workers and their families depend on, works gives dignity and meaning to the life of a worker and make the world economy run accordingly. That is why the Cameroonian labour legislator has made much effort in addressing the situation of workers who have been unlawfully dismissed from work by malicious employers or workers whose basic rights to work and security of employment may be threatened. The aim of this study therefore, is to ascertain the regulatory Constraints to labour malpractices in Cameroon. These Labour malpractices mostly committed by profit conscious employers of Labour in Cameroon are characterized amongst others by; the imposition of standard form contracts on their workers, discrimination in the private sector employment, subjecting workers under unsafe working environment and deplorable conditions of work, wrongful discharge of employment, the practice of divide and conquer style of management, gross violations of workers fundamental human rights, arbitrary variation of substantial terms of employment contracts, the questionable practices of labour inspectors, unreasonable restraint clauses in the private sector employment contracts, non-respect of government-mandated minimum guarantee wage, non-conformity of internal rules and regulations to national standard, wrongful suspension of contract of employment etc. These deviant dispositions of employers of Labour, although contrary to deontology, are so embedded in the Cameroonian Labour market causing private sector workers to remain at the same level from January to December every year of their life. In a bid to attain the overall purpose of this study, this research adopts the qualitative research methodology which involve an in-depth content analysis of both primary and secondary data. Findings, therefore, reveal that despite the regulatory, institutional and policy framework put in place to protect private sector employees against any form of labour malpractices, private sector employees are not adequately protected because of gaps in the labour legislation, conflicting interests, economic impact, low Scholarisation of workers, political impact, ineffective implementation of prevailing regulations, the introduction of powerless staff representatives, laxity on the part of some Labour Inspectors to ensure the respect of labour legislation etc constitutes the basis for the multiplication of gross violation of employment rights in the private sector within the country. This research conclude theoretically that the Cameroon Labour Legislation to an extent, guarantees the protection of private sector employees but practically it effective implementation and enforcement leaves much to be desired. This has necessitated the suggestion of some policy recommendations for the way forward. In this regard, in order to attain an effective regulatory, institutional and policy framework which guarantees the protection of workers against any form of labour malpractices in the private sector, we recommends a review of the 1992 Labour Code to better handle any form of labour malpractices affecting private sector employment in today’s era and the Labour Inspectorate being the central state institution charged with the enforcement of employment rights should not only be found seating at the regional and divisional headquarters, they should equally be established in each sub-division in other to take justice nearer to workers who are mostly employed by employers of unskilled labour in the country.